Opinion
Civil Action 7:10-CV-124 (HL)
05-09-2012
NATIVE AMERICAN ARTS, INC., Plaintiff, v. BUD K WORLD WIDE, INC., Defendant.
ORDER
This case is before the Court on Defendant's Motion to Exclude the Report, Supplemental Report, Second Supplemental Report, and Related Testimony of Tony Eriacho Jr. (Doc. 98).
In response to the motion, Plaintiff filed a notice stating that it does not intend to use Mr. Eriacho as a witness in this case.
As Plaintiff has withdrawn Mr. Eriacho as a witness, the Motion to Exclude is denied as moot. In light of Plaintiff's response, it will not be allowed to use Mr. Eriacho's reports or testimony in any form should this case go to trial.
________________
HUGH LAWSON , SENIOR JUDGE
mbh